Council pauses fence and retaining‑wall code changes after concerns about pool/deck exemptions and fall protection

Council took up Ordinance 17‑26, a broad clean‑up of the Land Development Code’s fences and walls provisions, on May 6. Staff said the amendments would clarify applicability, add administrative deviation pathways, and allow new materials such as fiberglass. A contentious strand of the discussion focused on retaining‑wall language and the interaction with pool‑deck heights and fall‑protection requirements.

Speakers raised a specific risk: the draft table capped swimming pools and reflecting pools at 30 inches, yet retaining‑wall exemptions intended to accommodate elevated pool decks could conflict with that cap. Several councilmembers and building‑industry representatives asked for explicit language tying fall‑protection requirements to any retaining‑wall exemption so residents would not lose existing fall protections. One councilmember said the draft language could be read to reduce protections; others said they wanted to avoid unintended consequences.

Because members did not reach consensus on specific technical wording and several suggested the code changes should not alter existing homeowner rights, the council voted to continue the ordinance to the May 20 regular meeting to allow staff and the city attorney to refine the language. The continuation gives staff time to reconcile conflicting sections, explicitly address fall‑protection inclusion in retaining‑wall exceptions and produce a clearer chart of setbacks and heights.

Next steps: staff will return with amended ordinance text addressing the 30‑inch/retaining wall conflict, fall‑protection language, and clarified administrative‑deviation criteria.